Thursday, December 8, 2011
"A Liberal's Lament on Kagan and Health Care: Should Elena Kagan recuse herself in the ACA case?" Law professor Eric Segall has this jurisprudence essay online at Slate.
Posted at 10:54 PM by Howard Bashman
"Judges, lawyers clash over right to testify with face covered": In Friday's edition of The Toronto Globe and Mail, Kirk Makin will have an article that begins, "There was no mistaking the impatience in Supreme Court of Canada Justice Morris Fish's voice when he demanded the name of a single lawyer who would willingly cross-examine a witness whose face was concealed by a veil."
The Toronto Star has a news update headlined "Women have right to wear niqab during trials, court told."
Bloomberg News is reporting: In today's hormone replacement therapy breast cancer news from Philadelphia, "Pfizer Wins Review of Punitive-Damages Award in Prempro Case" and "Pfizer Settles Prempro Case That Led to $72.6 Million Award."
Posted at 10:25 PM by Howard Bashman
"Indiana's top judge says he'll retire in March; As nation's longest-serving chief justice, Randall Shepard has gained recognition for his opinions on state's high court": This article appears today in The Indianapolis Star.
"Supreme Court Hears Case on Patents for Individualized Medicine": Adam Liptak has this article today in The New York Times.
In today's edition of The Washington Post, Robert Barnes reports that "Supreme Court has hard time finding an easy test for patents on medical processes."
Jesse J. Holland of The Associated Press reports that "Justices consider 'personal medicine' patent issue."
Greg Stohr of Bloomberg News reports that "Blood-Test Patents Debated at U.S. Supreme Court as Einstein Invoked."
Reuters reports that "Supreme Court hears arguments on personal medicine."
At "SCOTUSblog," Lyle Denniston has a post titled "For want of a good hypothetical."
At the "Patently-O" blog, law professor Jonas Anderson has a post titled "Summary of Mayo v. Prometheus Oral Argument."
And at his "Washington Briefs" blog, Lawrence Hurley of Greenwire has a post titled "Chief Justice plays with fire."
You can access at this link the transcript of yesterday's U.S. Supreme Court oral argument in Mayo Collaborative Services v. Prometheus Laboratories, Inc., No. 10-1150.
"Murder conviction overturned because of tweeting, sleeping jurors": Arkansas News Bureau has a report that begins, "The state Supreme Court overturned a death-row inmate's murder conviction today because of jurors who tweeted and slept during his trial."
And The Associated Press reports that "Death row inmate gets new trial because of tweet."
Update: In other coverage, Reuters reports that "Arkansas death row inmate gets new trial because of tweets."
"Andrew Cohen, Award-Winning Legal Commentator, To Add New Role As Legal Analyst For '60 Minutes'": Congratulations to "How Appealing" reader Andrew Cohen, who is the subject of this press release that CBS News issued today.
Posted at 02:03 PM by Howard Bashman
"Supreme Court Hears Dispute Over Ownership of Montana's Rivers": This segment (transcript with link to video) featuring Marcia Coyle appeared on yesterday evening's broadcast of The PBS NewsHour.
Lawrence Hurley of Greenwire reports that "Justices weigh ownership of Mont. riverbeds."
And The Associated Press reports that "High court hears Montana dam dispute."
"Federal appeals court to revisit funeral protests": This article appears today in The Lincoln (Neb.) Journal Star.
Posted at 11:52 AM by Howard Bashman
On federal habeas review of an Ohio state court conviction, the Sixth Circuit rejects argument that Lawrence v. Texas should preclude man's conviction for engaging in consensual sexual intercourse with his 22-year-old stepdaughter: You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 11:20 AM by Howard Bashman
"D.A. will not seek death penalty against Abu-Jamal": Joseph A. Slobodzian has this article today in The Philadelphia Inquirer. According to the article, "Faulkner [the widow of the slain Philadelphia police officer] spoke for about five minutes in an angry, at-times emotional tirade against the federal appeals courts and judges who heard Abu-Jamal's multiple appeals. Faulkner called the judges of the U.S. District Court in Philadelphia and the U.S. Court of Appeals for the Third Circuit 'dishonest cowards' who imposed their personal opposition to capital punishment on the public."
"Analysis: If the health insurance mandate falls..." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 11:05 AM by Howard Bashman
Pa. Supreme Court grants review of award of punitive damages in a hormone replacement therapy breast cancer case: You can access Monday's order of the Supreme Court of Pennsylvania, which the court posted online Tuesday, at this link.
In this post from June 2, 2011, I linked to Wyeth's petition for allowance of appeal, plaintiffs' answer in opposition (on which I worked), and the Pa. Superior Court's ruling in the case.